4
President") had made the preliminary review. The Commission designated Michael Reisman
as its Delegate before this Tribunal; Edith Márquez-Rodríguez and Milton Castillo as its
Attorneys, and Oscar Herdocia, Daniel Oliva and José Miguel Vivanco as their Assistants.
Subsequently, on March 20, 1996, the Inter-American Commission submitted a note in
which it informed the Court that as of that date Mr. Carlos Ayala-Corao and Mr. Alvaro
Tirado-Mejía would serve as its Delegates in the instant Case.
11.
In its petition the Commission invoked Articles 50 and 51 of the American
Convention on Human Rights (hereinafter "the Convention" or "the American Convention")
and Article 26 et seq. of the Rules of Procedure of the Court (hereinafter "the Rules of
Procedure"). The Commission submitted this Case for a ruling by the Court as to whether
Nicaragua had violated Articles 8 (Right to a Fair Trial), 25 (Right to Judicial Protection) and
24 (Right to Equal Treatment), all read in conjunction with Article 1(1) (Obligation to
Respect Rights) of the Convention "as a result of the Judiciary's reluctance to prosecute and
punish those responsible and to order the payment of reparations for the damages caused."
The Commission also requested the Court to find that Nicaragua has violated Article 2 of the
Convention by failing to adopt domestic legal provisions designed to give effect to those
rights and that it has violated, on the basis of the principle of pacta sunt servanda, Article
51(2) of the Convention by failing to comply with the Commission's recommendations. It
asked the Court to determine, pursuant to Article 63(1) of the Convention, the reparations
and indemnities due to the victim's direct relatives and to instruct the Government to
identify and punish those responsible, on the basis of the investigations conducted. The
Commission further requested the Court to declare that
Decrees 591 and 600 entitled “Law on the Organization of the Military Judge Advocate and Military
Criminal Procedure” and “Provisional Law on Military Crimes” are incompatible with the purpose and
aim of the American Convention on Human Rights [and that] the Government of Nicaragua be
sentenced to pay the costs of this proceeding.
12.
The application states that the petition lodged with the Secretariat of the
Commission by the Permanent Human Rights Commission of Nicaragua, on February 15,
1991, at approximately 8:35 p.m. on October 28, 1990, the youth Jean-Paul Genie-Lacayo,
aged 16, resident of the city of Managua, was traveling by car to his home in the Las
Colinas subdivision. After stopping at a restaurant, he took the road to Masaya and
between kilometers 7 and 8 he came upon a convoy of vehicles transporting military
personnel who, in response to his attempts to pass them, fired on him. The victim did not
die immediately but was left on the highway and died from hypovolemic shock induced by
hemorrhage. According to the investigations, this young man's automobile was machinegunned by weapons from two or more vehicles and 51 cartridge shells of AK-47 ammunition
were found at the site. According to ballistic reports, nineteen bullet impacts were found on
the car, all made while the car was in motion, and three shots were fired at short range
once it had stopped.
13.
According to the application, National Nicaraguan Police Subcommander Mauricio
Aguilar-Somarriba, who, according to his parents, was in charge of the investigation of
Genie-Lacayo's death, was killed by his fellow officer Lieutenant Harold Meza.
The
Government denied that that officer had been in charge of the investigation and dispatched
to the Court a case file stating that the author of this deed, Lieutenant Meza, had been
sentenced to three years in prison.
14.
The application further states that the judicial action was initiated on July 23, 1991
(267 days after the events), by the Office of the Attorney General of Justice, then the only
criminal action authority; on July 2, 1992 (approximately one year after submission of the
petition), the Seventh Court of the Criminal District of Managua delivered a judgment in